05-08-1989 Council Packet - Laserfiche WebLink

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1988 Supplement Chapter 6 separately, but if the city publishes them in full as a part of the minutes, the publication meets all statutory requirements. If a statutory city council determines that publication of the title and a summary of an or dinance would clearly inform the public of the in tent and effect of the ordinance, it may, by four-fifths vote of its members, direct publication of only the title of the ordinance and a summary. The publication must include a notice that a printed copy of the ordinance is available for in- spect’on during regular office hours at the office of the city clerk and at any other location which the coun<^ designates . The city must post a copy of the entire text of the ordinance in the com munity library if there is one, or if not, in any other public location the council designates . Before publishing the title and summary, the council must approve the text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance. The published summary must be in a body-type no smaller than brevier or 8-point type. The clerk must attach and file proof of publica tion with the ordinance in the ordinance book within 20 days of the publication date. Proof of publication is an affidavit of publication which the newspaper must furnish when it sends its bill for the printing cost. The absense of an affidavit of publication does not invalidate an ordinance. The affidavit facilitates proof of publication should anyone challenge that fact in a law suit. Errors in the publication of an ordinance may or may not affect the validity of the ordinance. If the error is so minor that the meaning is plain from the context, then the error has n'~ effect upon the ordinance's validity. Where the crior is more sub stantial, however, the ordinance provision in which the error occurs is ineffective and void. In home rule cities, the charter can control the publication requirements for ordinances. Adoption by Reference Statutory and charter cities can avoid publica tion requirements when adopting certain compli cated regulatory codes in ordinance form by using the process "adoption by reference." In effect, this means that dtics can adopt certain regulations by passing and publishins an ordinance which iden tifies them by name. The city must meet two requirements when using this procedure. The council must mark at least one copy of the code as adopted as the offi cial copy and file it in the clerk’s office for public use and examination. And, the city must pass an ordinance incorporat ing the code, regulation, ordinance, or statute it has adopted and publish it in the regular manner. Cities may adopt the following by reference: 1. Minnesota statutes; 2. State department administrative rules or regulations affecting the city; 3. The state building code and the uniform fire code; and ding 18f 4. Codes (or parts of codes) prepared for general distribution in printed form as a standard or model by. a. any governmental agency b. any trade association c. any professional association .in the subject of building construction (limited to the State Building Code); plumbing; electrical wiring; flam mable liquids; sanitary provisions; public he^th, safety, or welfare; and compilations or regulations or stan dards prepared by regional and county planning agencies on the sub ject of planning, zoning, subdivision regulation, and housing regulation. Codes, statutes, rules, regulations, and or dinances the council adopts by reference remain effective in their original form until the council changes or repeals tnem. Any changes an issuing agency makes subsequent to the city’s adoption of the code do not take effect automatically. The city, when adopting the code by reference, caanot stio- ulate that any future revisions are automatic. One exception is that future changes in the build ing code automatically become part of the city's building code. If the city wishes to incorporate Handbook for Minnesota Cities Page 113